Last week, a federal jury awarded the family of Marine Gunnery Sgt. Joe Federico, $350,000 in a verdict from a 2011 lawsuit against the Mid-Atlantic Military Family Communities, part of Lincoln Military Housing.
The Federico family had sued the military housing complex for negligence and breach of contract because their unit was infested with mold. The family had claimed the mold had made them sick, and also caused them to suffer permanent brain damage.
They jury found the defendants were negligent in dealing with mold, but not in breach of contract.
Unfortunately, the $350k jury verdict was a lot lower than the $8 million that the plaintiff’s attorneys were asking for. They said they plan to appeal the verdict.
The Mid Atlantic Military Housing who owns Lincoln Military had initially claimed they were immune from any lawsuits, since they were working on behalf of the Navy to provide housing for these families.
Channel 10 had reported: “The claim was made in 2011, when the family says they lived at a Lincoln Military Housing complex in Norfolk. The family says they began getting very sick right after moving in. They say they had to constantly call maintenance about leaking windows, toilets and walls. Mold built up due to the leaks, and they say nothing was ever done to fix the problem.
Attorneys for the family say maintenance would document the problems, but called it “water penetration” instead of mold. Attorneys told the jury that if they used the word mold, they would be violating state codes.
The jury was told the mold has caused permanent brain damage to Joe Frederico. He has memory loss and loss of motor skills, and he will not be allowed to re-enlist.
Shelley has constant headaches and Jaden gets severe nose bleeds.
The defense says there are two sides to every story and steps were taken to solve the mold issues.
The Fredericos’ legal team said they aren’t finished. They plan to ask for a mistrial, based on the grounds that the jury did find Lincoln Military Housing negligent.”
The Federicos’ attorneys told News Channel 3:
“The jury found for us, the plaintiffs, in the negligence per se building codes but not the contract, which created the quandary for us because the VRLTA (Va. Residential Landlord and Tenanct Act) provisions say you must prevent the growth of mold, and there was mold in this home. That was established,” said attorney David Wise.